Sustainability Appraisal of the Sandwell Local Plan 2024-2041
C.1 Overview
C.1.1 Purpose of this document
C.1.1.1 This appendix provides a summary of the consultation responses received during the Sustainability Appraisal (SA) process to date, and how the comments received have been considered.
C.1.1.2 The SA Scoping Report[1] and the Regulation 18 Issues and Options Report[2] were prepared by Lepus Consulting and were published for consultation in between 6th February and 20th March 2023 alongside SMBC's 'Issues and Options' consultation document. Table C.2.1 provides a summary of the consultation responses received from the statutory bodies (the Environment Agency, Historic England and Natural England) in relation to the Regulation 18 Issues and Options SA Report, and indicates how the comments received have influenced the SA process. No specific comments were received regarding the SA Scoping Report.
C.1.1.3 The Draft Plan Regulation 18 Report (II)[3] was prepared by Lepus Consulting and was published for consultation alongside SMBC's Draft Local Plan between November and December 2023. Table C.3.1 provides a summary of the consultation responses received from the statutory bodies in regard to the Regulation 18 (II) SA, and indicates how the comments received have influenced the SA process.
Consultee
Summary of consultation responses to SA Issues and Options Report
Incorporation into the SA
Natural England
No specific comments received regarding the SA Scoping Report or Issues and Options Report, but general comments and recommendations have been supplied including the following:
"The Local Plan should be underpinned by up to date environmental evidence. This should include an assessment of existing and potential components of local ecological networks. This assessment should inform the Sustainability Appraisal, ensure that land of least environment value is chosen for development, and that the mitigation hierarchy is followed and inform opportunities for enhancement as well as development requirements for particular sites."
The Regulation 18 (II) SA incorporated the latest evidence available at the time to inform the assessments of reasonable alternatives and policies, identified through conversation with SMBC. In particular, the topic-specific methodology including evidence to inform site assessments, the latest iteration of which is set out in Appendix D of this Regulation 19 Report.
Additionally, the Draft SLP policies take into consideration the emerging approach to Nature Recovery Networks within the borough, for example, which have been assessed in Appendix F.
An evaluation of impacts on ecological networks has been provided within Chapter 8 of the main Regulation 19 SA Report (Volume 2) which focuses on the SEA topic of biodiversity, flora and fauna.
Historic England
The following comments received regarding the Issues and options SA Report:
"3.2 we would welcome reference to the historic environment within the vision which should then help to set out a positive strategy for the historic environment.
Table 3.1 we are supportive of a separate objective for cultural heritage.
There is limited detail to comment on at this stage as we are awaiting to see the content of the Local Plan and the policies and allocations that the Council decides to pursue. We welcome an objective to assess cultural heritage when that detail is available.
When considering relevant plans and programmes to consider within the SEA/SA process we recommend that the Council consider the documents listed in our representation above, where we have included the links for ease."
The Issues and Options SA in section 4.2 included a recommendation to incorporate stronger reference to the importance of conservation and enhancement of cultural heritage and the historic environment, such as seeking opportunities for heritage-led regeneration.
SMBC have since updated the SLP vision with stronger wording, as presented in the Draft SLP, which has been re-assessed in Appendix D of the Regulation 18 (II) SA and subsequently in Appendix F of the Regulation 19 SA. Recommendations for the SLP are discussed further in Chapter 18.
Environment Agency
No response received.
N/A
C.3 Regulation 18 (II) Draft Plan
Table C.3.1: Consultation responses from statutory consultees on Regulation 18 (II) Draft Plan SA Report (December 2023)
Consultee
Summary of consultation responses to SA Issues and Options Report
Incorporation into the SA
Natural England
No specific comments were received regarding the SA Regulation 18 (II) Draft Plan Report, but general comments and recommendations have been supplied including the following:
"Site selection must also be informed by the relevant environmental assessments… Sustainability Appraisal incorporating Strategic Environmental Assessment: it should be clear how this has informed and provided justification for the sites selected for allocation assessed against reasonable alternatives. Recommendations and findings from the assessments should also be used to inform mitigation measures and design principles for the allocated sites."
The Regulation 19 SA sets out the Council's outline reasons for selection and rejection of sites in Appendix H, based on the assessments of all reasonable alternative sites pre-mitigation. Chapter 18 of the main Regulation 19 SA Report (Volume 2) summarises the recommendations provided to the Council throughout the SA process.
Historic England
No specific comments were received regarding the SA Regulation 18 (II) Draft Plan Report.
N/A
Environment Agency
The following comments were received regarding the SA Regulation 18 (II) Draft Plan Report:
"...there doesn't seem to be a clear or consistent approach to how these assessments have considered flood risk or clear conclusions as to whether this means the Sequential Test has been passed or not. There also appear to have been some missed opportunities to have incorporated the aims of the Sequential Test either within one or more of the growth strategies as a distribution of spatial growth consideration, or the Sustainability Appraisal SA Objective Framework and subsequent appraisal of sites... a number of site allocations are proposed in areas of Flood Zone 2 (medium risk) and/or Flood Zone 3 (high risk) and will now need evidence to (a) demonstrate whether they have passed the Sequential Test (there are no alternative sites at a lower risk of flooding) and (b) be assessed by a Level 2 SFRA. The Council will need to ensure this is considered and demonstrated prior to the next iteration of the Local Plan, either as an update to the Sustainability Appraisal or as a standalone document."
The Regulation 19 SA will refer to the latest available evidence documents to inform the evaluation of the SLP, including any updated Sequential Test information from the Level 1 Sandwell SFRA[4]. Appendix B presents the latest version of the Policies, Plans and Programmes (PPP) Review including a selection of relevant evidence documents which have been considered during the SA process.
[1] Lepus Consulting (2023) Sandwell Local Plan 2022-2041: SA Scoping Report. Available at: https://www.sandwell.gov.uk/downloads/file/896/sandwell-local-plan-issues-and-options-sustainability-appraisal-scoping-report [Date accessed: 07/08/24]
[2] Lepus Consulting (2023) Sandwell Local Plan 2022-2041: Issues and Options Report. Available at: https://www.sandwell.gov.uk/downloads/file/893/sandwell-local-plan-issues-and-options-sustainability-appraisal [Date accessed: 07/08/24]
[3] Lepus Consulting (2023) Sandwell Local Plan 2022-2041: Regulation 18 Draft Plan Sustainability Appraisal. Available at: https://sandwell.oc2.uk/document/9 [Date accessed: 07/08/24]
[4] JBA Consulting (2024) SMBC Level 1 Strategic Flood Risk Assessment.
